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[apartmentliver111]

Hi,

My apartment (in NSW) experienced leaks from common property (pipes etc from above). It resulted in the skirting board in my apartment swelling up, as well as skirting board in the common hallway swelling up.

Strata has replaced the skirting board in the common hallway, but says that the skirting within my apartment is my responsibility (even though it came from a water leak on common property). The strata manager referred to an “absolution clause” in the by-laws

In accordance with section 106 of the Act, the Owners Corporation has deemed it inappropriate to repair, maintain, replace or renew any of the following items that are associated with the fixtures and fittings within an owners lot within the Strata Scheme;
3.1 Internal Areas
All decorative finishes within a lot, including but not limited to;
(a) All Cornices
(b) All Skirting Boards
(c) All Architraves and Internal Door Jams
(d) Wall tiles wherever located, including kitchen, bathroom and laundries
(e) Floor Tiles wherever located, including kitchen, bathroom and laundries
(f) False Ceilings
(g) Mezzanines, Stairs and Handrails
(h) All paintwork and wall paper
(i) The cleaning of mould throughout the lot where the causative factors are purely environmental

Does anyone else have experience with this? I would have thought that damage from common property into my apartment would be for the OC to repair but a plain reading of this clause seems to suggest otherwise.

Thanks

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[kaindub]

That section requires a special resolution, and that resolution needs to be before the fact.

Ask to see the minutes of the general meeting where this was decided.

Even if they show this, I would challenge them to show that the required number of votes for a special resolution were recorded, and I’d look, at the wording of the motion.

The wording needs to be reasonably specific about what is covered.

Not withstanding the above,  I would contact your strata insurer and lodge an additional claim. You are perfectly entitled to do this as an owner, and don’t require the permission of the  committee or the strata manager.

If a claim for the other damage has already been lodged, there is no need to pay a further excess.

 

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[apartmentliver111]

Thanks for your response. I believe the special resolution would have been before the fact.

The SC is pushing to reject the claim, so it sounds like I will have to try the insurance route. Do you know whether an insurer would accept a claim even with this style of by-law? Or am I better just cutting my losses and moving on?

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[Charlee]

Below link may be a helpful read – someone took to tribunal a case asking for their ceiling to be repainted as it was damaged by common property leak.  SC / Tribunal initially said it was lot owner responsibility, but the owner persisted and successfully got a decision in their favour on appeal.  But the differences in the first decision and the appeal just shows that these always aren’t very straightforward (particularly to most ordinary people!)

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAP/2021/188.html?context=1;query=87110%20mastellone;mask_path=

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